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PROCTOR v. GISSENDANER

No. 76-4239.

579 F.2d 876 (1978)

Joseph H. PROCTOR, as Administrator, c/t/a of the Estate of Pinkie Sutton, Deceased, Plaintiff-Appellee, v. J. C. GISSENDANER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 5, 1978.

Attorney(s) appearing for the Case

J. Gorman Houston, Jr., Eufaula, Ala., for defendant-appellant.

Robert B. Albritton, William Harold Albritton, Andalusia, Ala., for plaintiff-appellee.

Before TUTTLE, GEE and FAY, Circuit Judges.

FAY, Circuit Judge:

This appeal arises from a slander of title action in which the jury awarded a $40,0001 verdict to the plaintiff, as administrator cum testamento annexo of the estate of Pinkie Sutton. Jurisdiction is premised upon diversity of citizenship.

Pinkie Sutton, deceased, contacted an individual named William Bell in the early part of 1968 in order to have home improvements performed on her place of residence...

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